Madera County Grand Jury • 2022-2023

City of Madera Fails to Enforce the Golf Course Contract Requirements

Published: June 16, 2023 13 pages
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Findings and Recommendations 10 findings

F1
The MCGJ finds that the City’s golf course Budget reports are misleading. This gives the City Council and the public a false understanding of the actual Net Surplus in the City Budget.
Related Recommendations (1)
R1
The MCGJ recommends that the City Finance Director correct and clarify all budget entries
F2
The MCGJ finds that Lease Exhibit A and Exhibit B are obsolete.
Related Recommendations (1)
R2
The MCGJ recommends that the City of Madera immediately rewrite a new contract for the lease, management, and operation of the Madera Municipal Golf Course.
F3
The MCGJ finds that the record-keeping requirements of the Lease are not being met.
Related Recommendations (1)
R3
The MCGJ recommends “Detailed” records of Capital Improvements and Maintenance expenditures and the USGA advice reports, be kept by the City for public viewing and for at least five years or as required by law.
F4
The MCGJ finds that the City appointed the Parks Director to coordinate with Sierra for this golf course planning and oversight role.
Related Recommendations (1)
R4
The MCGJ recommends that Parks Director or other City Representative immediately begin to monitor and exercise oversight over the golf course Capital Improvement and Maintenance expenditures.
F5
The MCGJ finds that the City has failed to exercise reasonable oversight and enforcement over the golf course maintenance and capital improvements.
Related Recommendations (1)
R5
The MCGJ recommends that the City immediately specify the Maintenance and Capital Improvement categories as defined by USGA to eliminate confusion as to what Sierra is paying and/or has paid for golf course Capital Improvements and Maintenance.
F6
The MCGJ finds that the Lease requires that logos and name “Madera Municipal Golf Course” must always be used for all signage, announcements, menus, events, websites, etc. The MCGJ finds that the logos and word “Municipal” have been often omitted from required usage.
Related Recommendations (1)
R6
The MCGJ recommends that the City immediately enforce the Lease provisions requiring the word ‘Municipal’ and all other name and logo requirements.
F7
The MCGJ finds that use of the golf course kitchen for catering from the golf course, is offered on both Sierra and Sugar Pine websites. Catering from the golf course is prohibited and is a breach of the Lease.
Related Recommendations (1)
R7
The MCGJ recommends that the City immediately review its position on catering. When making any decision, the City should determine its original purpose for prohibiting offsite food service and catering. City should enforce the agreement or allow the use.
F8
The MCGJ finds that in 2021-23 the City gave Sierra unnecessary financial concessions due to the Covid-19 pandemic.
Related Recommendations (1)
R8
The MCGJ recommends that the City immediately negotiate for concessions it made during Covid-19. The City should consider increasing its share of revenue by participating in all of Sierra’s income excluded from the City in Lease Section 4.4.
F9
The MCGJ finds that Lease section 4.4 unnecessarily excludes the City from receiving any revenue from the described activities.
Related Recommendations (1)
R9
The MCGJ recommends that a new Lease be drafted immediately deleting all obsolete terms which unnecessarily exclude the City from City revenue.
F10
The MCGJ finds that there are no United States Golf Association reports as required by the Lease.
Related Recommendations (1)
R10
The MCGJ recommends that the City should immediately make the USGA mandatory annual reports readily available for public review.